[IloL'st  Bill,  No.  Ml.] 

--."■'    U    \ 
HOUSE  OF  UEPRESENTATIVES,  May  26,  I<sti4.— Read  first 
ami  second  times,  hud  on  the  table,  and  ordered  to  be  printed. 

[By  Mr.  Garland,  from  the  Committee  on  the  Judiciary.] 


./\.  BILL 

To  be  entitled  An  Act  to  provide  for  the  settlement  of  certain  mat- 
ters of  account  growintr  out  of  purchases  of  property  as  alleged  by 
the  purchasers  for  the  use  of  the  Government,  by  Payne  &  Co.,  in 
the  State  of  Texas. 

1  Whereas,    William    J     Payne,    George   B.    Payne,  Hezekiah 

2  Payne,  and  John  1.  Berry,  under  the  name  and  style  of  Messrs. 

3  Payne  &  Co.,  some   time  during   the  year  A.  D.  1862,  with  the 

4  assent  and  approbation   of  an  agent  and  officer  of  the  Govern- 

5  ment  of  the  Confederate  States,  as  they  alleged,  did  purchase  a 

6  large  number  of  beeves  and  other  property  from  various  citizens 

7  of  diff'erent  counties  of  the  State  of  Texas,  for  the  use  and  bene- 

8  fit,  as  alleged  by  said  Payne  &  Co.,  of  the  Confederate  States ; 

9  and  whereas,  said  Payne  &  Co.,  in  paying  for  the  property  pur- 

10  chased  as  aforesaid,  as  it  is  alleged,  delivered  to  the  parties  from 

1 1  whom  such  purchases  were  made,  counterfeit  treasury  notes  of 

12  the  Confederate  States,,  to  an   amount,   as  asserted,  of  over  one 
IS  hundred  thousand  dollars,  and  in  consequence  of  which,  said 


2 

14  parlies   -were   greatly    defrauded   by    said    Tayuc    &    Co.  ;    and 

15  whereas,  the  Government  of  the  Confederate  States,  through  its 

16  agents  or    officers,  received,  took  charge  of,  and  appropriated  to 

17  its  own  use  the  property  purchased  by  said  Payne  &  Co.,  b.ut  the 

18  Government  has  fipt  as-  yet  paid  for  such  property,  and  declines 

19  and  refuses  to    do  so,  in  consequence  of  the  losses  incurred  by 

20  the  parties  who, sold  the  same  to  said  Payne  &  Co.,  and  until  the 

21  necessary  proof  can  be  taken  in  the  premises,  in  order  that  such 

22  parties  may  be   fully   reimbursed ;  and  whereas,  as  appears  by 
33  the  records  of  the  War  Department,  an.  account  to  the  amount 

24  of  one  hundred  and  seventy  thousand  dollars  has  been  stated  and 

25  found  by  the  Commissary  Department  heretofore  at  Jackson,  in 

26  the  State  of  Mississippi,  to  be   due   by  th*e  Government  of  the 

27  Confederate  States  for  such  property  ;  and  the  said  Payne  &  Co. 

28  claim,  in  addition    to  this   sum,  to  be  entitled  to  sixty  thousand 

29  dollars,  making  in  the  aggregate,  two  hundred  and  thirty  thou- 

30  sand  dollars ;    and  whereas,  the  Legislature    of    the   State   of 

31  Texas,  having,  by  joint  resolutions,  requested  the  Senators  and 

32  Representatives  from  that  State  to  use  their  efibrts  to  have  some 

33  action  taken  by  Congress  to  ensure  a  settlement  of  the  rights  of 

34  the  parties  interested  in  said  transaction  ;  Therefore^ 

1  Section  1.   The  Congress  of  the  Confederate  States  of  America 

2  do  enacty  That  the  Messrs.   Payne  &  Co.  may,  by  themselves  or 

3  •  through  their  legally  appointed  agent  or  attorney,  file  their  peti- 


4  tioii  or  stateiueut   in    writing   in  the    District  Court  of  the  Con- 

6  federate   States   in  and    for   the    western  district  of  the  State  of 

6  Texas,  setting  forth  their  claim  to  pay  for  the  property  aforesaid, 

7  against  the    Government    of  the    (^'onfederace    States,    and  after 

8  serving  at  least  thirty  da^'s"  notice  upon  the  district  attontey  in 

9  and  for  such  district,  of  the   pendency  and  object  of  such  peti- 

10  tion,  the   Same   shall   be   docketed   regulai'ly   in  said  court,  and 

11  progress  as  a  suit  accor.ding  to  the  rules  and  forms  of  practice  of 

12  such  court. 

1  Sec.  2.  All   parties  that  may   feel  themselves   interested  in, 

2  and  that  may  desire  to  be   reimbursed  for   losses  sustained  by 

3  reason  of  such  purchases,  out  of  the  fund    to  be  paid  for  such 

4  property,  after  publication  of  the  pendency  an.d  object  of  such 

5  suit  by  said   Payne  «i:   Co.,  in   some  newpaper  published  in  said 

6  district  by  at  least  four  weekly  insertions,  the  last  of  which  shall 

7  be  at  least  thirty  days  before  the  return  term  of  such  cause,  may 

8  appear  and  interplead  in   said  cause,   propound  their  claims  and 

9  take  proof  to  establish  the  same  before  said  court. 

1  Sec.  3.  Said  court    shall  have,  and  it   is  hereby  invested  with 

2  full  authority  and  pow^er  to  hear,    determine,  and  settle  all  the 

3  questions  arising   in    said   cause,    and  .  its  judgment   off  decree 

4  therein  shall  be  final  and  conclusive,  and  any  party  by  himself 

5  or   through   his  agent  or  attorney,  presenting  a   duly  certified 

6  copy  of  the  judgment  or  decree  in  his   favor  against  such  fund, 


•I 

7  to  the  Treat-urer  of  liie   Oonfeileiatc    States   at  the  seat  of  Gor- 

8  erament.  or  the  .»o;ent  for  the  Treasury  of  the  trinsTMississippi 

9  department,  sh;ili    'oe    pai'l   the    amount    so    ailjudg"'!    to  he  due 
|(>  him  out  of  Huy  luouey  then  reraaiinug  tiuo  from  the  tnivernnient 

I  I  to  said  Payne  Si,  Co.  ;   and  the    receipt  of  the  party  or    his  agent 

12  as  aforesaid  endcrserl  upon  said  copy  of  tlie  judgment  or  decree, 

13  shall  be  a  sufficient  voucher  in  favor  of  the  officer  paying  the  same. 
1  Sec.  4  Should  the  said  Payne  &  Co.,  refuse  or  fail  to  file  and 
3  prosecute  their  claim  for  pay  within  the  next  twelve  months,  this 

3  shall  not  preclude  the  parties  who  may  believe  themselves  enti* 

4  tied    to    reimbursement,  in   consequence  of  losses  by  reason  of 
.  5  such  purchases  aforesaid,  from  setting  up  their  own  claims;  but 

6  Buch  parties  or  any   of  them   may  institute   proceedings  in  such 

7  district  court  and  prosecute  the  same  to  final  hearing  as  provided 

8  in  sections  one    and  two  of  this  act ;  and  they  may  receive  pay 

9  out  of  such  fund  when  adjudged  due  them  by  such  courtas  pro- 
10  vided  in  section  three  of  this  act ;  but  such  court  shall  not  find 

I I  due  said  Payne  &  Co.,  nor  any  of  the  parties  seeking  reimburse- 

t 

12  ment,  any  sum  greater  than  that  claimed  by  the  party  in  whose 

13  favor  such  finding  shall  be  had;  but  as  judgment  shall  be  en- 

1 4  te»ed  in  favor  of  any  of  the  claimants  under  thi«  act  until  they 

15  furnish  satisfactory  proof  to  tho  court  that  the  forged  notes  origi- 

16  nally  received  by  them  have  been   destroyed,  or  unless  the  said 

17  notes  are  deposited  in  court. 


